Terms & Conditions

THIS TERMS OF USE AGREEMENT (the “Agreement”) establishes a legally binding contract between Kaploom®Creative House, a limited liability company formed under the laws of Latvia ("Kaploom®Creative House"), and the user, whether acting individually or on behalf of an entity (“User”). This Agreement pertains to the use of and access to Kaploom®Creative House’s website at https://www.darkroom.kaploom.com (the “Website”), including any associated media forms, channels, mobile websites, or mobile applications connected thereto. If the User does not consent to all the terms, conditions, and obligations stated herein, the User must immediately stop using the Website. Upon cessation of use, any legal relationship between the User and Kaploom®Creative House will terminate, except that the User remains obligated to compensate Kaploom®Creative House for any services already provided.

Users consent to receive electronic communications from Kaploom®Creative House and acknowledge that all contracts, notices, information, and other communications that Kaploom®Creative House provides electronically satisfy any legal requirement that such communications be in writing. Users also agree to the use of electronic signatures, contracts, and records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Kaploom®Creative House via the Website. Users waive any rights under laws in any jurisdiction that require an original signature, non-electronic records, or payments and credits by means other than electronic means.

By accessing the Website, Users consent to adhere to our Privacy Policy, which is detailed therein and incorporated by reference into these Terms of Use. The Website is operated from the European Union (EU). Therefore, accessing the Website from locations like the US, Asia, or other global regions may subject Users to different laws concerning personal data collection, usage, and disclosure than those in the EU. By continuing to use the Website and sending data to the EU, Users explicitly agree to this transfer and processing of data within the EU. Kaploom®Creative House does not intentionally gather or seek information from individuals under the age of 18. In line with the EU’s Children’s Online Privacy Protection Act, Kaploom®Creative House will promptly remove any personally identifiable information received from a child under the age of 13 without parental consent once this is known.

The content and materials available on the website, including but not limited to the source code, databases, functionality, software designs, audio, video, text, photographs, and graphics (collectively or individually referred to as the "Content"), along with all trademarks, service marks, and logos (the "Marks"), are the exclusive property of Kaploom®Creative House.. This content is protected under copyright and trademark laws, along with any applicable intellectual property rights under both Latvian and international law. The Content and Marks are offered "As-Is" and are intended solely for your personal and non-commercial use. Other than as explicitly allowed in this document, no part of the Website, nor any Content or Marks may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the prior express written consent of Kaploom®Creative House. All rights not expressly granted are reserved by Kaploom®Creative House.

Users are authorized to engage with the Website solely for its intended purposes. The use of the Website for commercial activities is limited to transactions explicitly sanctioned by Kaploom®Creative House. Users are further obliged to avoid the following actions:

• Utilize the Website for any unauthorized purposes;
• Extract data or content to construct or populate a database or directory;
• Bypass or undermine any security features of the Website;
• Conduct unauthorized framing or linking to the Website;
• Deceive, exploit, or mislead Kaploom®Creative House or its users;
• Overload, disrupt, or impose an unreasonable burden on the Website or Kaploom®Creative House’s networks or servers;
• Employ the Website to compete with Kaploom®Creative House;
• Decrypt, break down, disassemble, or reverse engineer any part of the software integral to the Website;
• Circumvent any restrictions designed to limit access to the Website or any part of it;
• Harass, threaten, or intimidate any of Kaploom®Creative House’s employees or agents engaged through the Website;
• Remove copyright or rights notices from any content;
• Replicate or modify the Website’s software;
• Transmit or attempt to transmit viruses, Trojan horses, or other harmful materials that may compromise the Website’s integrity or the experience of its users;
• Send or attempt to send any forms of invasive auto-gathering or auto-transmitting mechanisms;
• Discredit, tarnish, or otherwise detrimentally affect Kaploom®Creative House;
• Use the Website in any way that is not in compliance with all applicable laws and regulations.

Kaploom®Creative House, along with its directors, employees, partners, and agents, will not be liable for any indirect, direct, incidental, special, consequential, or punitive damages arising from your use of the Website. This includes but is not limited to lost profits, lost revenue, lost data, and any legal fees or penalties incurred.

Users agree to protect, indemnify, and hold harmless Kaploom®Creative House and its affiliates, along with their respective officers, agents, partners, and employees, from any claims, liabilities, expenses, or demands, including reasonable attorney fees, made by any third party due to or arising from: (1) your use of the Website; (2) any breach of these Terms of Use; (3) violation of any rights of another party, including intellectual property rights.

Furthermore, Kaploom®Creative House reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kaploom®Creative House, and you agree to cooperate with our defense of these claims.

Kaploom®Creative House does not ensure uninterrupted or error-free access to the Website at all times. Interruptions, delays, or errors may occur due to hardware, software, or other technical issues beyond Kaploom®Creative House's control. The User acknowledges that Kaploom®Creative House will not be liable for any losses, damages, or inconveniences suffered by the User due to any inability to access or use the Website during such disruptions.

Kaploom®Creative House reserves the right to alter, modify, amend, or remove any content or features of the Website at any time for any reason at its sole discretion. Furthermore, Kaploom®Creative House may modify or discontinue any part or all of the Website without prior notice or liability to the User.

Users are solely responsible for all data they transmit or that relates to any activities they engage in through the Website. Kaploom®Creative House will not be liable for any loss or corruption of such data, and Users agree to relinquish any claims against Kaploom®Creative House related to such loss or corruption.

Despite Kaploom®Creative House’s ownership of submissions, as outlined in in Section 6 ("User Feedback"), all design and original source files produced for the User’s projects ("Projects") are the property of the User. The User will hold the sole copyright for all Projects. Should any legal mechanism cause ownership of any part of a Project to revert to Kaploom®Creative House instead of the User, Kaploom®Creative House irrevocably and permanently transfers all its rights in the Project to the User, without restrictions. The User guarantees that all materials provided to Kaploom®Creative House—whether as examples or for incorporation into a project—are owned by the User and do not violate or misappropriate any third party’s rights, including intellectual property rights and publicity rights. Kaploom®Creative House reserves the right to display the User’s design work in public forums (such as social media, its website, etc.) unless otherwise specified in paragraph “Display of Design Work” of section 3 of this document.

Should any Project involve fonts that Kaploom®Creative House does not own and that necessitate a commercial licence for the User to lawfully reproduce, distribute, or publicly display the Project ("Third-Party Fonts"), Kaploom®Creative House will notify the User in writing. This notification will confirm that Third-Party Fonts have been used in the Project and that the User is required to secure appropriate licences from the font rights-holders to legally use the Project. The notice will provide detailed information to help the User identify the necessary licences and contact information for purchasing them. Once Kaploom®Creative House has informed the User about the inclusion of Third-Party Fonts as stated, the User will be fully responsible for any consequences arising from not obtaining the required licences for any Third-Party Fonts used in the Project.

Kaploom®Creative House retains the right to display design work on digital platforms, such as social media and the company website, unless explicitly agreed otherwise. Clients have the option to enter into a Non-Disclosure Agreement (NDA) with Kaploom®Creative House, which would then negate Kaploom®Creative House's ability to publicly share or discuss the client's work.

The Website is offered strictly on an "as-is" and "as-available" basis. Users agree that they use the Website and its Services entirely at their own risk. Kaploom®Creative House explicitly disclaims all warranties, whether express or implied, related to the Website and its use, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Kaploom®Creative House does not guarantee the accuracy, completeness, or reliability of the Website or any content on it, nor the content of any linked sites.

Kaploom®Creative House shall not be liable for any errors or inaccuracies in content, any personal injury or property damage resulting from your use, any unauthorized access to or use of our servers and/or any personal or financial information stored on them, any interruptions in transmission to or from the Website, or any malware or similar harmful software obtained through the use of the Website, or any errors or omissions in any content or materials.

Moreover, Kaploom®Creative House does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website, nor will Kaploom®Creative House be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Kaploom®Creative House, along with its directors, employees, partners, and agents, will not be liable for any indirect, direct, incidental, special, consequential, or punitive damages arising from your use of the Website. This includes but is not limited to lost profits, lost revenue, lost data, and any legal fees or penalties incurred.

Users agree to protect, indemnify, and hold harmless Kaploom®Creative House and its affiliates, along with their respective officers, agents, partners, and employees, from any claims, liabilities, expenses, or demands, including reasonable attorney fees, made by any third party due to or arising from: (1) your use of the Website; (2) any breach of these Terms of Use; (3) violation of any rights of another party, including intellectual property rights.

Furthermore, Kaploom®Creative House reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kaploom®Creative House, and you agree to cooperate with our defense of these claims.

Any legal proceedings arising from or related to these Terms of Use shall be initiated in the courts of Latvia. By agreeing to these terms, parties consent to the jurisdiction of these courts and waive any objections regarding venue or personal jurisdiction. Additionally, the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is explicitly excluded from these Terms of Use.

The Terms of Use for Kaploom®Creative House are governed by and construed under the laws of the European Union (EU) and the laws of Latvia, where Kaploom®Creative House is registered. These terms are applied without prejudice to conflict of law principles.

These Terms of Use, together with any policies published on the Website, represent the complete agreement and understanding between the User and Kaploom®Creative House. The failure of Kaploom®Creative House to exercise any right or provision under these Terms of Use does not constitute a waiver of such right or provision. Should any part of these Terms of Use be deemed unlawful, void, or unenforceable, that part will be severed from the Terms of Use, but this will not affect the validity and enforceability of the remaining provisions.

Kaploom®Creative House retains the authority to decline refund requests at its sole discretion without any obligation to notify or be liable to the User. Refunds are evaluated individually. If a User seeks a refund within the first month of service, any materials created by Kaploom®Creative House during that time remain the property of Kaploom®Creative House and may not be used by the User. Should a refund be granted, a fee amounting to 50% of the remaining billable period will be applied. Kaploom®Creative House also reserves the right to pursue legal action in response to any breach of this policy by the User.

Users accept and concur that any questions, comments, suggestions, or other types of feedback or input ("Feedback") will become the exclusive property of Kaploom®Creative House. Kaploom®Creative House has no obligation to treat Feedback as confidential or to undertake measures to maintain their confidentiality. Kaploom®Creative House will own all rights associated with Feedback, except where rights have been previously granted to the User under "Restrictions on Use." Kaploom®Creative House may freely and unilaterally use and share Feedback for any lawful purpose without seeking further permission, acknowledgment, or financial compensation for the User. Users confirm that they are entitled to submit Feedback and irrevocably relinquish any claims against Kaploom®Creative House regarding its use of such Feedback, both under the terms here and in future actions taken at its discretion.

Should you have any questions or need to address any issues regarding the Website, please reach out to Kaploom®Creative House at: info@kaploom.com.